ORDD-2023-1 : An Ordinance 2023 #8A has been received from City Clerk, relative to amend Chapter 2.76 – Human Rights Commission and Chapter 2.119 Domestic Partnerships. PASSED TO A SECOND READING IN COUNCIL OCTOBER 2, 2023. FURTHER AMENDED IN COUNCIL NOVEMBER 6, 2023. ELIGIBLE TO BE ORDAINED AS AMENDED

ORDINANCE 2023 – 8A Language passed to a second reading on October 2, 2023 and further amended in City Council on November 6, 2023. Amend Chapter 2.76 – Human Rights Commission as follows: 2.76.020 - Purpose. The Cambridge Human Rights Commission shall work with the City Manager and/or their assistants on matters pertaining to the human rights of all City residents. The main purpose for which the ordinance codified in this chapter is enacted is to protect the human rights of all the residents of the City. 2.76.030 Definitions. As used in this chapter: 1. "Age" means the actual or supposed chronological age of an individual eighteen years or older. 2. "Bona fide occupational qualification" means a valid consideration of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income that is a requirement for employment and has been certified as such by the Cambridge Human Rights Commission (referred to in this chapter as "the Commission") or by the Massachusetts Commission Against Discrimination under Chapter 151B of the Massachusetts General Laws. 3. "Disability" means a physical or mental impairment which substantially limits one or more of a person's major life activities, a record of having such impairment, or being regarded as having such impairment. 4. "Discrimination" means a policy or practice that by design or effect segregates, creates unequal status, separates or has a disproportionate impact on the basis of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income. 5. "Educational facility" means any person, whether organized for profit or not-for- profit, that holds itself out to the public as providing instruction in the arts, sciences, trades or any other area of learning. 6. “Family structure” means a single person, or two persons, or a lawful consensual non-monogamous or lawful consensual multi-partner family structure which may include one or more parents, stepparents or legal guardians of a minor child or children and/or two or more consenting adults in a multi-partner and/or multi-parent family structure, including stepparents, multi-generational and/or other non-nuclear families. 7. "Family status" means the actual or supposed condition of having minor children living with the individual or not. 8. "Gender Identity" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth.

9. "Labor organization" means any association, regardless of its form of organization, or employees or persons involved in similar trades or industries for the purpose of collective bargaining, resolving grievances in the terms and conditions of employment, or any other mutual aid or protection. 10. "Marital status" means the actual or supposed state of being or having been married, separated or divorced, or not. 11. "Military status" means the actual or supposed condition of being or having been in the service of the military, or not. 12. "Person" includes one or more individuals, partnerships, associations, corporations, labor organizations, legal representatives, mutual companies, joint-stock companies, unincorporated organizations, fiduciaries, trustees, trustees in bankruptcy, receivers, the City of Cambridge, and all political subdivisions, boards, and commissions thereof. 13. a. "Public accommodation" means any place or site, business or other establishment, or medium of communication, whether owned privately or by a public agency, that is intended for the patronage or use or convenience, whether for a charge or fee or not, of the general public, including but not limited to, inns, hotels, motels, roadhouses, trailer parks, campsites, any place where food or beverage is sold, retail stores, shopping malls, dispensaries, clinics, hospitals, rest homes, nursing homes, hospices, physicians' offices or other medical facilities, restrooms, bathhouses, parks, public grounds, gardens, theaters, lecture halls, newspapers and magazines and other publications, barber shops, beauty parlors, motion picture houses, music halls, bowling alleys, amusement parks and arcades, skating rinks, ball parks, billiard and pool parlors, recreation parks, fairs, golf courses, gymnasiums, health clubs, shooting galleries, art galleries, libraries, laundries, garages, all public conveyances whether owned privately or by a public agency, transportation terminals and stations, public portions of buildings accommodating the public, clubs, societies and social associations that are public or quasi-public banks, finance companies, insurance companies, streets and parking lots. b. Nothing contained in this chapter shall be construed to include or apply to any place of accommodation that is by its nature distinctly private; provided, that where public use is permitted that use shall be covered by this chapter and further provided, that an establishment that has membership requirements but otherwise qualifies as a public accommodation shall be deemed a public accommodation for the purpose of this chapter if its membership requirements (1) consist only of the payment of fees or dues; (2) consist of requirements under which a substantial portion of the residents of or visitors to the City could qualify; or (3) consist primarily of a discrimination or exclusion based upon race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income. 14. "Real estate transaction" means any intercourse among any persons that involves a building, structure or portion thereof, or parcel of land, developed or undeveloped, whether privately owned or owned by a public agency, including the design, construction, alteration, repair, sale, lease, sublease, mortgage, rental or other provision, term or offer of the same. 15. “Relationship status” means the actual or perceived involvement or lack thereof of an individual in a lawful, intimate personal relationship or relationships including but not limited to interpersonal relationships between two or more consenting adults that involve romantic physical or emotional intimacy. 16.14.

"Religious creed" means the actual or supposed faith, belief or moral philosophy of an individual or the lack thereof. 16. "Same sex" means occupying the same social and identity roles as another with respect to being male or female. 17. "Sexual orientation" means the actual or supposed heterosexuality, homosexuality or bisexuality of an individual. 18. "Source of income" means public assistance recipiency. "Source of income" shall not include income derived from criminal activity. 2.76.080 - Recommendations of deficiencies. A. The Commission shall discuss human rights problem areas with the City Manager and make recommendations necessary to protect the human rights of all City residents and employees. B. The Commission shall request of the City Manager, department heads and Superintendent of Schools, such information and staff support as is reasonable so that it may be properly informed. C. The Commission may review and comment on all matters pertaining to the human rights of City residents. They may examine and scrutinize and comment on department budgets including the School Department budget. D. The City with the advice of the Commission shall employ an Executive Director who shall be the executive officer of the Commission and shall be responsible for carrying out the policies and decisions of the Commission. The City may employ an Administrative Assistant or such other personnel as it may from time to time deem necessary. E. The Commission shall, when appropriate, request the assistance of the staff and commissions of the City engaged in related work, such as the Commission on the Status of Women, the Civic Unity Committee, the Commission for Persons with Disabilities, the Lesbian Gay, Bisexual, Transgender, Queer, Plus (LGBTQ+) Commission, the Office of Equity and Inclusion, the Consumers' Council, the Council on Aging and the Veterans' Service Department, and shall at all times work cooperatively with these groups. F. The Commission shall receive aid, advice and opinions from the City Solicitor and the Legal Department and be represented in court by the City Solicitor. G. The City Manager shall provide office space to the Commission in order to give easy access to resident complaints. H. Each year, the Commission and the City Manager, together or separately, shall report to the City Council in writing as to the progress that is being made under this chapter. These written reports may properly contain suggestions and recommendations which will further the aims of this chapter. 2.76.110 Posting of discrimination policy required. A. The City, every City contractor and subcontractor, every employer with one hundred or more employees, every owner of an apartment building or housing complex of fifteen or more units, every employment agency, every realtor and real estate agency, and every apartment or roommate service shall prominently post and keep posted the following notice at its place of business or in such apartment building or housing complex: Discrimination on the basis of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income is unlawful in the City of Cambridge. Chapter 2.76, Cambridge Municipal Code.

Cambridge Human Rights Commission 51 Inman Street Cambridge, MA 02139 [phone removed] B. The blanks in the model set out in subsection A of this section shall be properly filled with the address and telephone number of the offices of the Commission. C. It shall be a crime punishable by a fine of not more than fifty dollars per violation to willfully violate this section. 2.76.120 Acts deemed lawful and unlawful—Exemptions. The Commission shall receive and investigate complaints of presence in the City of prejudice, intolerance or bigotry, including but not limited to such matters as the choice of lifestyle and the consequences such attitudes in the community engender and initiate its own investigation of the following activities and unlawful practices except that complaints against the City of Cambridge, City Departments and/or City employees shall be referred to the Massachusetts Commission Against Discrimination ("MCAD") for investigating and resolution: A. It is an unlawful practice to deny any person or group equal access to services in employment, housing, education, recreation or other areas where such denial is based on limited English language skills. B. 1. It is an unlawful practice for an employer directly or indirectly to refuse to hire or employ or to bar or to discharge from employment, training or apprenticeship or to discriminate against any individual in compensation or in the terms, conditions or privileges of employment, training or apprenticeship, because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such individual, unless based on a bona fide occupational qualification. An employer who asserts that a discriminatory practice is justified because of a bona fide occupational qualification that has not been certified as such by the Commission or by the Massachusetts Commission Against Discrimination under Chapter 151B of the Massachusetts General Laws, shall have the burden of showing: a. That the discrimination is in fact a necessary result of a bona fide occupational qualification; and b. That there exists no less discriminatory means of satisfying the occupational qualifications. 2. Reasonable accommodation shall be made to enable the employment or continued employment of a person with a disability unless the employer can demonstrate that the extent of the accommodation required to meet the limitations of the person would impose an undue hardship or safety hazard to the employer's business. 3. The following practices shall be exempt from the operation of this section: a. Employment practices of an employer of fewer than six persons; b. Employment of an individual by their parent, child or spouse; c. Employment by a religious institution of individuals performing a service related to a bona fide religious purpose; d. Employment of an individual for work within the home of the employer; e. Employment of an individual for the rendering of services to the person of the employer or their family. 4. The following practices shall not be deemed unlawful: a. Employment programs designed to effect affirmative action by giving special preference to women, racial minorities or veterans; provided, that such employment programs shall not discriminate among women, racial

minorities or veterans on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter; b. Employment limited to the elderly or persons with disabilities; provided, that such employment shall not discriminate among the elderly or persons with disabilities on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter; c. Observance by an employer of the conditions of a bona fide employee benefits system or plan (including, but not limited to, a contractual seniority system); provided, that no such system or plan shall provide an excuse for failure to hire any individual. C. It is an unlawful practice for any employment agency directly or indirectly to fail or refuse to classify properly or refer for employment or otherwise discriminate against any individual because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such individual. An employment agency that specializes in the recruitment and placement of the elderly or persons with disabilities shall be exempt from the operation of this section with respect to such specialized services; provided, that such services shall not discriminate among the elderly or persons with disabilities on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter. D. It is an unlawful practice for a labor organization directly or indirectly to refuse to admit to membership, training, apprenticeship or classification or to otherwise discriminate against any individual because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such individual. E. It is an unlawful practice for an employer, employment agency or labor organization directly or indirectly to advertise or otherwise publicize that any individual is unwelcome or not employable because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such individual, unless based on a bona fide occupational qualification or one of the exceptions set forth in subsections B. and C. of this section. F. 1. It is an unlawful practice for any person directly or indirectly to refuse to engage in a real estate transaction with any person or to set discriminatory terms or conditions with respect to a real estate transaction with any person or to advertise or otherwise publicize that any person is unwelcome or may not enter into a real estate transaction because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such person or of a person residing with such person. 2. This section does not create an affirmative duty to remove barriers for persons with disabilities in excess of the requirements of existing laws and ordinances, but reasonable accommodation shall be made to enable the provision of housing for a person with a disability. 3. The following practices shall be exempt from the operation of this section: a. The leasing or renting of a room or rooms within a dwelling or apartment which is occupied by the lessor as their residence and in which the roomer or boarder must pass through the space or a portion thereof occupied by such lessor in order to gain access to the room or rooms thus let or rented; b. The leasing or renting of a single apartment in a two-family dwelling, the other residential unit of which is occupied by the lessor as their residence;

c. The leasing, rental or other provision with or without fee or space within a church, temple, synagogue, religious school or other facility used primarily for religious purposes. 4. The following practices shall not be deemed unlawful: a. The establishment of government-sponsored housing programs operated either directly by government agencies or indirectly through government subsidization and regulation, which programs are designed to assist the elderly, persons with disabilities or economically disadvantaged individuals; provided, that such programs shall not discriminate among the elderly, persons with disabilities or economically disadvantaged on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter; b. The establishment of housing set aside for or limited to the elderly or persons with disabilities; provided, that such establishment shall not discriminate among the elderly or persons with disabilities on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter. c. The establishment of same-sex dormitories or portions thereof by educational facilities; provided that such establishment shall not discriminate on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter. d. The establishment of a hospital, convent, monastery, shelter, asylum or residential facility for the care and lodging of persons in need of special medical, rehabilitative, social or psychological support, including but not limited to half-way houses, drug treatment centers, detoxification facilities, shelters for the homeless, and the like. G. It is an unlawful practice for any bank, financial institution or any other credit-granting or credit-approving institution or person, including a retail store that sells goods or services on credit, directly or indirectly to discriminate in the granting, reporting, approval or extension of any form of loan or credit to any person because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such person. It shall not be an unlawful practice under this section to establish or review the creditworthiness of any person by seeking information relevant to such creditworthiness as amount and source of income, age, employment history, credit references and the number and age of dependents. H. 1. It is an unlawful practice for any insurance company, insurance agent or person engaged in the service of providing insurance to refuse to insure any person or discriminate in the terms of insuring any person because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such person, unless based on a bona fide actuarially determined insurance factor, such as the age or health of the person, that affects the risk for which insurance is being sought. 2. In accordance with federal court cases, it is the intention of this section that actuarial data be gender-neutral. I. It is an unlawful practice for any bonding institution or person engaged in the service of providing financial and performance bonds to refuse to bond any person or discriminate in the terms of bonding because of the race, color, sex, age, religious creed, disability, national

origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such person. J. 1. It is an unlawful practice for any educational facility directly or indirectly to fail or refuse to admit, or to curtail or terminate admission to, or to discriminate in the terms or conditions of educational services, programs opportunities or curriculum offered by it to any person because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such person. 2. The following practices shall not be deemed unlawful: a. The establishment by an educational facility of minimum or maximum age requirements for any educational program; provided, that such establishment shall not discriminate among the potential students on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter; b. The selection of students by a religious educational facility that is limited exclusively or gives preference to members of such religion; provided, that such selection shall not discriminate among the members of such religion on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter; c. The maintenance or establishment by an educational facility of a school or program limited to members of only one sex or otherwise segregated by sex; provided, that such facility shall not discriminate among the members of such sex on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter; d. Educational programs or policies designed to effect affirmative action by giving special preference to women, racial minorities or veterans; provided, that such programs or policies shall not discriminate among women, racial minorities, or veterans on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter; e. The establishment by an educational facility of special programs designed to assist or provide special training for persons with disabilities, the elderly, individuals not fluent in English, or the economically disadvantaged; provided, that such selection shall not discriminate among persons with disabilities, elderly, individuals not fluent in English, or the economically disadvantaged on the basis of other discriminatory criteria as set forth in Section 2.76.030 of this chapter. K. 1. It is an unlawful practice for any person directly or indirectly to withhold, deny, curtail or in any manner limit the full use of a public accommodation by any person, or discriminate against such person with respect to the use of such accommodation, because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such person. a. It is an unlawful practice for any person who owns, operates, leases, or leases to a place of public accommodation, to fail to take action to remove architectural barriers, and communication barriers that are structural in nature, in existing places of public accommodation, unless such barrier removal action is not readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense. For the purposes of this section, "barrier" means any physical element of a facility that impedes access by people with disabilities. b. In determining whether an action is readily achievable, factors to be considered include:

i. The nature and cost of the action needed under this section; ii. The overall financial resources of the public accommodation involved in the action; the number of persons employed at such public accommodation; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the public accommodation; iii. The overall financial resources of the public accommodation; the overall size of the business of a public accommodation with respect to the number of its employees; the number, type, and location of its facilities; and iv. the type of operation or operations of the public accommodation, including the composition, structure, and functions of the workforce of such public accommodation; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the public accommodation. c. Where a public accommodation can demonstrate that the removal of a barrier under clause 1.a. is not readily achievable, it is an unlawful practice for that public accommodation to fail to make such goods, services, facilities, privileges, advantages, or accommodations available through non-structural methods, if such methods are readily achievable. d. These provisions shall not apply to entities other than those entities regulated by Title III of the Americans with Disabilities Act, 42 U.S.C. 12181. 2. It is an unlawful practice for any person directly or indirectly to advertise or otherwise publicize that any person is unwelcome to the full use of any public accommodation because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status, or source of income of such person. 3. The following practices shall not be deemed unlawful: a. The designation of a public accommodation for the exclusive or preferential use of the elderly or persons with disabilities. b. The designation of a rest room or of a privately owned athletic or exercise facility for the exclusive or preferential use of members of a single sex; c. The advertisement of a public accommodation as being for the preferential use of persons of a particular sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status or military status, provided such preference is not advertised as or implied to be a requirement for entry or use of such public accommodation. L. It is an unlawful practice for any person to harass, intimidate, threaten, assault or otherwise discriminate against any person in or upon any public accommodation because of the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of such person, or attempt to do so. M. It is an unlawful practice for any person to commit any act forbidden by this chapter for any reason that would not have been asserted, wholly or partially, but for the race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income of any person. N. It is an unlawful practice for any person to aid, abet, incite, compel, coerce or conspire to the commission of any of the acts forbidden by this chapter or to attempt to do so.

O. It is an unlawful practice for any person to discharge, expel, evict, harass, retaliate in any manner or otherwise take action against any person because such person has opposed any act forbidden by this chapter or because such person has filed a complaint, testified or assisted in any proceeding under this chapter. 2.76.160 City discrimination policy. A. Any practice that by design or effect discriminates against individuals, because of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income is of public concern, as such discrimination creates strife, hostility and unrest, threatens or impairs the rights and privileges of individuals and deprives individuals of the benefits of a free and open society. Discrimination that deprives individuals of equal opportunities is unjust and results in serious injury to the public safety, health and welfare of the City. B. Accordingly, it is the policy of the City to safeguard the equal opportunities of all individuals in the City in accordance with their abilities, regardless of their race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status or source of income and to prevent discrimination against such individuals in the provision of City services and in employment, housing and real estate, education, credit, bonding, insurance and public accommodations. C. Further, it is the policy of the City to encourage harmony and mutual respect among its inhabitants and visitors and to reduce tensions and strife caused by discrimination. Amend Chapter 2.119 – Domestic Partnerships as follows: 2.119.010 Recognition and scope. A. The City Council recognizes the diverse composition of its residents and values its people. The City Council acknowledges that the people's lives have evolved from when laws governing family relationships were enacted. Perpetuation of the traditional definitions of "family" excludes a significant segment of the Cambridge population, deprives them of recognition and validation, and denies certain rights that should be afforded to persons who share their homes, their hearts and their lives. The City, recognizing its commitment to nondiscrimination and fair treatment of its residents and employees, adopts this chapter acknowledging domestic partnerships. B. The chapter allows persons in committed relationships who meet the criteria established by the City as constituting domestic partnerships to register at the office of the City Clerk and obtain a certificate attesting to their status. The chapter recognizes certain right of access for domestic partners. This chapter, in conformance with the Human Rights Ordinance, which bars discrimination on the basis of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, relationship status, family structure, gender identity, marital status, family status, military status, and source of income, also equalizes the treatment of City employees. 2.119.100 Retaliation. No person shall discriminate or retaliate against a person who seeks the benefit of this chapter, registers or makes a declaration pursuant to its provisions, or assists another person in obtaining the benefits of this chapter to enter into a domestic partnership between two or more people. Any person who so discriminates or retaliates shall be penalized in accordance with the provisions of the Cambridge Human Rights Ordinance, Cambridge Code Chapter 2.76.